Mar 8th, 2024

FKB’s Aaron M. Barham and Alec Neimand Secured a CPLR 3211 Dismissal of a Third-Party Contribution Claim in Westchester County Supreme Court.

FKB’s Aaron M. Barham and Alec Neimand secured a CPLR 3211 dismissal of a third-party contribution claim in Westchester County Supreme Court.

FKB’s client represents the first-party plaintiff in a legal malpractice action involving an alleged failure to commence a personal injury action against a municipality within the applicable statute of limitations. The defendant/third-party plaintiff law firm impleaded FKB’s client on the theory that counsel could have pursued the PI action against other tortfeasors. However, because FKB’s client had a written retainer agreement limiting the scope of retention to bringing a legal malpractice claim, FKB successfully argued that its client may not be held liable for failing to act outside the scope of the attorney’s retainer. AmBase Corp. v. Davis Polk & Wardell, 8 N.Y.3d 428 (2007).

If you have any questions about this decision, please contact Aaron M. Barham or Alec Neimand.